NSW Caselaw
New South Wales Supreme Court
CITATION : Commonwealth of Australia v Lee [2008] NSWSC 1014
HEARING DATE(S) : 09/09/08
JUDGMENT DATE : 9 September 2008
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 9 September 2008
DECISION : See paragraphs 28, 29 and 32 of judgment.
CATCHWORDS : PRACTICE AND PROCEDURE – application to stay proceedings – wife's interest in matrimonial home forfeited to the Commonwealth under Proceeds of Crime Act – principal proceedings brought by Commonwealth seeking appointment of trustees for sale – collateral proceedings instituted by applicant – basis of relief that would justify a stay not presently sought on summons in collateral proceedings – policy of the Act is that forfeited property is to be disposed of as soon as practicable – no prejudice to Commonwealth – stay granted conditional upon applicant amending relief sought to include ground justifying stay
Conveyancing Act 1919 (NSW) LEGISLATION CITED : Proceeds of Crime Act 2002 (Cth) Financial Transaction Reports Act 1988 (Cth)
Commonwealth Director of Public Prosecutions v Hart [2007] QCA 184; (2007) 172 A Crim R 57 CASES CITED : Woodson (Sales) Pty Ltd v Woodson (Australia) Pty Ltd (1996) 7 BPR 14,685 Tory v Tory [2007] NSWSC 1078
Commonwealth of Australia PARTIES : v James Young-Soo Lee
FILE NUMBER(S) : SC 2913/08
COUNSEL : Plaintiff: A Spencer Defendant: T Russell (solr)
SOLICITORS : Plaintiff: Addisons Defendant: ERA Legal
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate